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    <title>2017 (10) TMI 666 - DELHI HIGH COURT</title>
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    <description>Recovery of charas from checked-in baggage, effected with the appellant&#039;s key and supported by witness testimony and sealing proceedings, was treated as proof of possession and control, triggering the statutory presumption of conscious possession under the NDPS Act. A baggage search was held not to attract Section 50 as a personal search, especially where the appellant was informed of his right to be searched before a Magistrate or Gazetted Officer and chose search by a customs officer. For charas, the entire recovered weight, not THC content alone, governs commercial-quantity determination. The conviction and sentence were upheld and the appeal failed.</description>
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    <pubDate>Mon, 09 Oct 2017 00:00:00 +0530</pubDate>
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      <title>2017 (10) TMI 666 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=349511</link>
      <description>Recovery of charas from checked-in baggage, effected with the appellant&#039;s key and supported by witness testimony and sealing proceedings, was treated as proof of possession and control, triggering the statutory presumption of conscious possession under the NDPS Act. A baggage search was held not to attract Section 50 as a personal search, especially where the appellant was informed of his right to be searched before a Magistrate or Gazetted Officer and chose search by a customs officer. For charas, the entire recovered weight, not THC content alone, governs commercial-quantity determination. The conviction and sentence were upheld and the appeal failed.</description>
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      <pubDate>Mon, 09 Oct 2017 00:00:00 +0530</pubDate>
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